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2026 DAILYLAW 46350 (CAL)

SHYAM CHAND MAJHI AND ORS v. STATE OF WEST BENGAL AND ORS.

WPA/26275/2026 · 2026-09-29

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

29.09.2026 Sl. No.36 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 26275 of 2026 Shyam Chand Majhi & anr. Versus The State of West Bengal & Ors. Mr. Sourav Mitra Ms. Sreyasree Choudhury Ms. Jonaki Saha …for the Petitioners Ms. Manisha Paswan …for the State. 1. Affidavit of service filed on behalf of the petitioners is taken on record. 2. Report filed by the State furnished by the District Inspector of Schools dated 21st September, 2026 is also taken on record. Copy served. 3. By the present writ petition the petitioners seek direction upon the respondent authorities for disbursement of interest on delayed payment of arrear family pension amount from the date of entitlement till the date of actual payment at the rate of 18% per annum. 4. The petitioners contend that the deceased employee, is their father. The concerned employee, Late Balaram Majhi was an Assistant Teacher of Sahapur Swepneswar Primary School, P.O. Manlamaro, District Purba Medinipur, who retired from service on 15th January, 1980 and died on 1st January, 1986. The mother of the petitioner died on 3rd September, 2 2007. The petitioners are the sons of the deceased employee. The pension payment order was issued in favour of the petitioners on 4th January, 2017 and pensionary amount was received by the petitioners on 30th April, 2017. However, no interest on the aforesaid amount has been paid in favour of the petitioners. Hence this writ petition. 5. Mr. Sourav Mitra, learned advocate for the petitioners submit that being the legal heirs of the deceased employee the petitioners are entitled to receive interest on the delayed payment of arrear family pension from the date of entitlement, i.e. 15th June, 1990 till the date of death of the mother of the petitioners, i.e. 3rd September, 2007. He seeks for appropriate orders. 6. Ms. Manisha Paswan, learned Advocate for the State submits that the concerned treasury officer is the authority to disburse the amount after taking approval from the Director of Pension, Provident Fund and Group Insurance. The District Inspector of Schools has no role so far as disbursement of arrear is concerned. 7. Considering the submissions advanced on behalf of the petitioners, the respondent no.2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no. 3, the Treasury Officer, Contai, are directed to disburse the 3 interest at the rate of @ 8% per annum on the amount in favour of the petitioners by way of arrear family pension on and from 15th June, 1990 till the date of actual payment, to the extent of their entitlement and shares. Such payment is to be made within a period of eight weeks from the date of communication of this order. 8. Learned advocate appearing for the petitioners is directed to communicate this order to respondent no. 2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no. 3, the Treasury Officer, Contai, for necessary compliance. 9. With the aforesaid directions, the writ petition being WPA 26275 of 2026 is disposed of. 10. Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied. 11. Consequently, connected applications, if any, stand disposed of. 12. Interim orders, if any, stand vacated. 13. There shall be no order as to costs. 14. Urgent photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities. (Bivas Pattanayak, J.)